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Questions Answered by Michael Hales
1 Answer | Asked in Real Estate Law for Kentucky on
Q: If my timeshare deed was never signed due to a mistake by the timeshare company, am I legally responsible to pay for it?
Michael Hales
Michael Hales answered on Feb 18, 2020

A contract must be signed by the party against whom enforcement is sought. If you never signed the contract, you have an argument that you never agreed to the terms of the offer. The timeshare company, however, may have arguments that you did agree (i.e., making payments after closing). I'd... Read more »

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: A new const. apt. has been pushed back 7x's totalling 6+months. We have no more timeshare points and are nearly homeless

Multiple leases signed over the course of this fiasco. Is there any way to sue for reimbursement for timeshare being exhausted, multiple hotel and resort stays plus the mental pain and suffering from all of this?

Michael Hales
Michael Hales answered on Jan 30, 2020

I would need more information to give an answer. I've worked with most timeshare companies, but I'm not entirely sure what happened. It's possible there's a breach of contract claim, but that would largely depend on the agreement and additional facts I don't have. Feel free to reach out if you'd... Read more »

1 Answer | Asked in Contracts for Colorado on
Q: I am having trouble with a Timeshare company adjusting my interest rate after I deployed in 2016? It is in the SCRA?

I am trying to get the SilverLeaf Company to adjust my interest rate when I deployed and they are refusing.

Michael Hales
Michael Hales answered on Jan 28, 2020

This probably requires some negotiation, either by your or your attorney. I don't know that they're contractually or legally obligated to do so, but it might be worth having an attorney review the documents you have.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is it legal to have never received a copy of your Sales Contract for the purchase of a timeshare.

My husband and I were promised a copy of the sales contract for the purchase of a Vacation/ Timeshare located in Maryland. It has been over month and we haven't received our copy yet. We was told that we would receive copy via email. The only email we did receive was actually a reminder the... Read more »

Michael Hales
Michael Hales answered on Dec 19, 2019

Usually, the timeshare company is required to give you a copy on the day of signing. If they didn't, you may have an argument that your rescission period doesn't start until you receive a copy. It may be worth the time to chat with an attorney to review the documents for you.

1 Answer | Asked in Divorce for Oregon on
Q: My girlfriend and I bought a timeshare but I'm not legally separated from my wife. Does that mean she has rights to it?

We have been living apart for 5 years now and my girlfriend and I purchased the timeshare this last year together.

Michael Hales
Michael Hales answered on Dec 2, 2019

In many states, property acquired during marriage is part of the marital estate. I recommend that you find a local attorney to review your specific case.

2 Answers | Asked in Contracts for Virginia on
Q: Are maryland residents required to take a tour of a timeshare if u are offered a free saty at the resort?
Michael Hales
Michael Hales answered on Nov 18, 2019

I don't know if Maryland law requires this, but these transactions are usually governed by the law where the sale takes place. For example, if you purchase a timeshare in Florida, you're not required to take a tour of the resort. However, the state of your residence may dictate that the purchase... Read more »

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: I need to get out of time share contact, they haven't keep the stipulations on the contract. What kind of lawyer I need?

The company's name is Welk's resort.

Michael Hales
Michael Hales answered on Oct 30, 2019

I'm sorry that you're in this position. From what you've stated, it sounds like the timeshare company has breached some of their obligations under the contract. I would definitely recommend speaking with an attorney familiar with timeshares. If you and your attorney need any information, please... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can someone help me get out of a Wyndham timeshare that I signed up for May 24th 2019

After I made this huge error of signing up for this I realized 14 days later I financially cannot afford it, I have called the attorney general, the BBB and had a lawyer send them a letter because they basically told me it's my fault and I'm stuck with it, they refused to speak with my attorney,... Read more »

Michael Hales
Michael Hales answered on Oct 30, 2019

I have some clients in a similar situation. They hired me because I'm a Florida attorney, but Wyndham is doing this same thing with everyone. You may be able dispute the negative credit reporting, but that's something you'll want to discuss with your attorney. If you and your attorney want to chat... Read more »

1 Answer | Asked in Foreclosure for New York on
Q: I own a Florida timeshare. The owner filed a non-judicial foreclosure demanding payment of assessments owed.

If sold pursuant to foreclosure can they keep entire proceeds even if it exceeds amount owed to Timeshare Company. I called and was told that I lose ownership in this foreclosure.

Michael Hales
Michael Hales answered on Oct 14, 2019

This may be true. To work through this, I'd have to review the terms of your purchase agreement.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Can I cancel a timeshare I just signed up for?

I was in Akumal, Mexico 2 weeks ago and signed up for a timeshare. I got a great deal and it's not that I can't afford it but after thinking about everything for 2 weeks I'd rather do something else with my money. They mentioned something about not being able to cancel it but there has to be... Read more »

Michael Hales
Michael Hales answered on Oct 10, 2019

Timeshares in Mexico give you a 50-day rescission period, so you're likely too late to use that route. You may still be able to get out of the contract, but you no longer have the easiest route to a refund/cancellation. When I've helped clients in similar situations, some have mentioned facts that... Read more »

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1 Answer | Asked in Real Estate Law for South Carolina on
Q: Is it required that a timeshare mortgage disclose on its face the name of the attorney who prepared the mortgage?
Michael Hales
Michael Hales answered on Aug 13, 2019

I don't believe it is; I've seen a number of SC deeds and don't remember seeing names of attorneys that prepared them). I'm curious why you have this question. Are you looking to void your purchase? If so, you're likely outside the rescission period, but may have other options.

1 Answer | Asked in Real Estate Law on
Q: If I write a check and write on it that if its cashed their accepting my request for deedback, is that legally binding

I am sending a request for deedback to my timeshare resort. i even printed out a form called the quit claim deed for Florida and signed it. Not sure if that is the same form they use, but i know they require a fee of 250 dollars to accept a title transfer. I am hoping that if I write on it the... Read more »

Michael Hales
Michael Hales answered on Aug 13, 2019

Whether it will hold up in court depends on a number of factors, but I'm guessing that you really don't want to go to court to have to argue that it was a binding agreement. In the alternative, I'd recommending working it out with the resort on the front end to avoid penalties or costs later. When... Read more »

2 Answers | Asked in Banking and Contracts for Tennessee on
Q: How do I get compensated for Timeshare fraud? I have a team calling me saying that they can get my money back if I pay t

I am a victim of Time Share Resale fraud. I reported it to the state of FL. Now some 3 or 4 yrs later I now have a company named Consult and Recover saying that I have been approved for slot 63 of 65 for a payout since the Fraudulent people have been caught. The money is in an offshore account and... Read more »

Michael Hales
Michael Hales answered on Aug 19, 2019

I came across you question because I have client that was scammed in a similar way. Because it's such a common scam, I wrote an article about it that you may find helpful. You can find it here: https://targheelaw.com/article

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1 Answer | Asked in Real Estate Law for California on
Q: Should I deed-back my timeshare deed to terminate my responsibility in maintenance fees to the company?

I live in California. The timeshare property is in Texas, Inverness by the Sea, Galveston, Tx. Their company voted to terminate the timeshare property to sell. They want me to deed-back my interest (for $0) or pay a huge maintenance fee. If I don't, they are going to foreclose on the property... Read more »

Michael Hales
Michael Hales answered on Jul 1, 2019

This is the type of thing my partner (Texas bar) reviews fairly regularly. Typically, you want to review it to ensure that the agreement eliminates all ownership and liability. I wrote an article about this a couple years back that you can review here: https://skidmorehales.com/article

Let...
Read more »

1 Answer | Asked in Consumer Law for South Dakota on
Q: Bought a timeshare from a realtor. Just wondering how long does the law allow for it to be transferred to me.

Realtor is in Florida and the closing company is in Arizona.

Michael Hales
Michael Hales answered on Jun 27, 2019

This is an interesting question and I feel like I need a lot more information to really answer. To be honest, this sounds like a very typical scam that I deal with all too often. If you have questions about this transaction and want to discuss, I'd be happy to. You can also access an article I... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Iowa on
Q: I own a timeshare in Mass and paid my maintenance fee late. They are refusing my payment (check).

I did not find any emails from them until I looked at my spam so it looked like I was avoiding them. I informed them by email that I was waiting for my tax return because I saw that there was a one-time Maintenance increase for an owner agreed on repairs. I have asked them to work with me but... Read more »

Michael Hales
Michael Hales answered on Jun 5, 2019

If they never sent you paper bills, you may have an argument that they did not give you notice. If that does not work, you may have an attorney negotiate with the collection agency. Most timeshare companies use the same collection companies. I've found that they'll typically negotiate on the fee... Read more »

1 Answer | Asked in Contracts for Arizona on
Q: What paperwork do I need to fill out to remove my children's names from an Arizona timeshare
Michael Hales
Michael Hales answered on Jun 4, 2019

Assuming that the timeshare is paid in full, the resort will allow you to remove the names of other co-signers. Contact the owner services (or similar) department to get the process started. You may want to contact an attorney with experience in timeshares if you have additional questions or want a... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I put in my sole name a timeshare that is deeded jointly between me and my father, who passed away?

I have been paying taxes and maintenance fees for the last 14 years. He passed overseas and the timeshare was not included in the estate, so the inheritors just granted me the timeshare verbally. Can this issue be resolved. Thank you.

Michael Hales
Michael Hales answered on Jun 3, 2019

This should not be a problem. If you contact the timeshare's member services department, they will be able to get you the paperwork you'll need to update their records. Depending on how it was deeded, you may not even need to complete any paperwork. You may want an attorney to review your paperwork.

1 Answer | Asked in Business Formation, Business Law and Intellectual Property for Idaho on
Q: I have an established small business (LLC) with a distinctive name. Another business took my name.

The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... Read more »

Michael Hales
Michael Hales answered on May 30, 2019

It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.

1 Answer | Asked in Business Law and Copyright for Idaho on
Q: Is it illegal to create and sell shirts that say "Engorgio" (a spell) and have the deathly hallows Harry Potter symbol?
Michael Hales
Michael Hales answered on Apr 11, 2019

You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.

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